California Penal Code § 25850 PC makes it a crime to carry a loaded firearm either:
- in a public place,
- on a public street, or
- in a motor vehicle.
Violating 25850 PC is generally a misdemeanor punishable by up to one year in county jail and/or a $1,000 fine, though it can be a felony if there are aggravating circumstances.
With some exceptions, carrying a gun is generally unlawful in California. It does not matter whether you are carrying it openly or with a valid CCW. Even carrying an unloaded gun is a crime under a separate statute.
In this article, our California criminal defense lawyers discuss the crime of carrying a loaded firearm in public. Click on a topic to jump to that section.
- 1. Elements of 25850 PC
- 2. Defenses
- 3. Penalties
- 4. Immigration
- 5. Expungements
- 6. Gun Rights
- 7. Related Crimes
- Frequently Asked Questions
- Additional Reading
1. Elements of 25850 PC
For you to be convicted of violating 25850 PC, prosecutors must prove beyond a reasonable doubt the following three elements of California Jury Instruction “CALCRIM” 2530:
- You carried a loaded firearm on your person or in your vehicle, and
- You knew that you were carrying a firearm, and
- At that time, you were in a public place or on a public street in an incorporated city or area where it was unlawful to discharge a firearm.1
“Public Place” Meaning
A “public place” is any place open to common and general use and readily accessible by anyone wishing to go there.2 Common examples are city streets or businesses open to the public.
“Firearm” Meaning
A “firearm” is any device designed to be used as a weapon and from which a projectile is discharged through a barrel by an explosion. Common examples of firearms are pistols, revolvers, rifles, and shotguns but not pellet guns or BB guns.3
“Loaded Firearm” Meaning
Under California law, a firearm is loaded if there is an unexpended cartridge or shell in the firing chamber, magazine, or clip attached to the firearm.
Note that you must know of the firearm’s presence in order to be guilty under 25850 PC. However, it is not necessary that you know it was loaded.4
Example: Jerome is driving his car and has no clue that his loaded gun is in the glovebox. Here, Jerome is not guilty under Penal Code 25850 because he had no knowledge of the weapon.
Now consider that Jerome is driving his car. He knows that his gun is in the auto, but he does not believe it is loaded. Jerome is pulled over, and it turns out the gun is loaded. Here, Jerome is guilty under the law – even though he did not know the gun was loaded.
Learn more about California gun laws.
In California, it is a crime to carry a loaded firearm in public.
2. Defenses
Here at Shouse Law Group, we have represented literally thousands of people in California accused of weapons offenses, including carrying a loaded gun. In our experience, the following four defenses have been especially persuasive with judges, juries and prosecutors at getting 25850 PC charges reduced or dismissed:
- You did not know you were carrying the firearm. In these cases, we would amass all the available evidence to raise a “reasonable doubt” as to what you knew. For example, perhaps there is surveillance footage of someone planting the gun on you.
- The firearm was not loaded. We work with the best forensic experts in the industry who may be able to demonstrate that the guns in question did not meet the lawful definition of “loaded.” (However, you could still face separate charges for carrying an unloaded gun.)
- The police found the gun through an illegal search. If the judge grants our motion to suppress the unlawfully-found gun as evidence, the D.A. may be forced to drop your case for lack of proof.5
- You are exempt from the law. 25850 PC may not apply to you if we can show you are:
- a California police officer/peace officer (either active or honorably retired),
- an agent of any federal law enforcement agency (for example, FBI),
- a member of the United States military,
- a recreational shooter, or
- a concealed carry permit holder.6
Self-defense is usually not a defense to 25850 PC charges.
3. Penalties
As the following table shows, carrying a loaded gun in California can be charged as a misdemeanor or a felony depending on the case.
| Penalties for Violating 25850 PC in California | |
| Misdemeanor: Up to 1 year in jail and/or up to $1,000 |
| “Wobbler“ Misdemeanor: Up to 1 year in jail and/or up to $1,000 or Felony: 16 months, 2 years, or 3 years in county jail and/or up to $10,000 |
| Felony: 16 months, 2 years, or 3 years in county jail, and/or up to $10,000 |
Note that following a 25850 PC conviction in California, you must serve a minimum of three months in county jail if you have a prior conviction for such crimes as:
- assault with a deadly weapon (254a1 PC),
- shooting an inhabited dwelling house or car (246 PC), or
- brandishing a weapon (417 PC).7
4. Immigration
Depending on the facts of the case, a 25850 PC conviction can be deportable. Therefore, any non-citizen charged with carrying a loaded gun in California should retain an attorney to try to get the charge dismissed or changed to a non-deportable offense.8
5. Expungements
You can get your 25850 PC conviction expunged from your California criminal record once you complete jail or probation. Following an expungement, the case should no longer appear on background checks.9
6. Gun Rights
In California, a felony conviction of 25850 PC will strip you of your gun rights for life. A misdemeanor conviction should not affect your gun rights.10
7. Related Crimes
Carrying a Concealed Weapon
California Penal Code 25400 PC makes it a crime to carry a concealed firearm on your person or in a vehicle. Carrying a concealed gun is a crime no matter if it is loaded or unloaded.
Openly Carrying an Unloaded Firearm in Public
California Penal Code 26350 PC makes it a crime to openly carry an unloaded firearm in public. This statute effectively repealed what previously had been a limited “open carry” law in California.
Unlicensed Sale of Firearms
California Penal Code 26500 PC makes it a misdemeanor to sell, lease or transfer firearms without a valid permit. It is a separate violation for every gun that you sell, lease, or transfer without a permit.
Frequently Asked Questions
Is carrying an unloaded firearm also illegal in California?
Yes, carrying an unloaded firearm in a public place is also illegal under a separate statute, California Penal Code 26350 PC.
Do I have to know the gun is loaded to be convicted under PC 25850?
No. You must be aware that you are carrying a firearm, but prosecutors do not need to prove that you knew the firearm was loaded.
What are the standard penalties for a first-time PC 25850 violation?
If there are no aggravating factors, it is usually a misdemeanor punishable by up to one year in county jail and/or a maximum fine of $1,000.
Can a PC 25850 conviction be expunged from my record?
Yes, a conviction can generally be expunged from your California criminal record once you successfully complete your probation or jail sentence.
Additional Reading
For more information, see our related articles:
- Is “open carry” of firearms legal or illegal in California? – The current laws for openly carrying guns throughout the state.
- How to legally transport firearms in California – Guide for how to transport guns throughout the state.
- Conditions for carrying a gun in a motor vehicle – Guide to “vehicle carry” for firearms.
- Can a felon own a gun in California? – The rules for whether convicted felons can possess firearms.
- How to legally store firearms in California – Explanation for how to lawfully keep guns.
Legal References:
- California Penal Code section 25850 PC. The full statute reads:
(a) A person is guilty of carrying a loaded firearm when the person carries a loaded firearm on the person or in a vehicle while in any public place or on any public street in an incorporated city, city and county, or in any public place or on any public street in a prohibited area of an unincorporated area of a county or city and county.
(b) In order to determine whether or not a firearm is loaded for the purpose of enforcing this section, peace officers are authorized to examine any firearm carried by anyone on the person or in a vehicle while in any public place or on any public street in an incorporated city or prohibited area of an unincorporated territory. Refusal to allow a peace officer to inspect a firearm pursuant to this section constitutes probable cause for arrest for violation of this section.
(c) Carrying a loaded firearm in violation of this section is punishable, as follows:
(1) Where the person previously has been convicted of any felony, or of any crime made punishable by a provision listed in Section 16580, as a felony.
(2) Where the firearm is stolen and the person knew or had reasonable cause to believe that it was stolen, as a felony.
(3) Where the person is an active participant in a criminal street gang, as defined in subdivision (a) of Section 186.22, under the California Street Terrorism Enforcement and Prevention Act (Chapter 11 (commencing with Section 186.20) of Title 7 of Part 1), as a felony.
(4) Where the person is not in lawful possession of the firearm, or is within a class of persons prohibited from possessing or acquiring a firearm pursuant to Chapter 2 (commencing with Section 29800) or Chapter 3 (commencing with Section 29900) of Division 9 of this title, or Section 8100 or 8103 of the Welfare and Institutions Code, as a felony.
(5) Where the person has been convicted of a crime against a person or property, or of a narcotics or dangerous drug violation, by imprisonment pursuant to subdivision (h) of Section 1170, or by imprisonment in a county jail not to exceed one year, by a fine not to exceed one thousand dollars ($1,000), or by both that imprisonment and fine.
(6) Where the person is not listed with the Department of Justice pursuant to Section 11106 as the recorded owner of the handgun, by imprisonment pursuant to subdivision (h) of Section 1170, or by imprisonment in a county jail not to exceed one year, or by a fine not to exceed one thousand dollars ($1,000), or by both that fine and imprisonment.
(7) In all cases other than those specified in paragraphs (1) to (6), inclusive, as a misdemeanor, punishable by imprisonment in a county jail not to exceed one year, by a fine not to exceed one thousand dollars ($1,000), or by both that imprisonment and fine.
(d) (1) Every person convicted under this section who has previously been convicted of an offense enumerated in Section 23515, or of any crime made punishable under a provision listed in Section 16580, shall serve a term of at least three months in a county jail, or, if granted probation or if the execution or imposition of sentence is suspended, it shall be a condition thereof that the person be imprisoned for a period of at least three months.
(2) The court shall apply the three-month minimum sentence except in unusual cases where the interests of justice would best be served by granting probation or suspending the imposition or execution of sentence without the minimum imprisonment required in this section or by granting probation or suspending the imposition or execution of sentence with conditions other than those set forth in this section, in which case, the court shall specify on the record and shall enter on the minutes the circumstances indicating that the interests of justice would best be served by that disposition.
(e) A violation of this section that is punished by imprisonment in a county jail not exceeding one year shall not constitute a conviction of a crime punishable by imprisonment for a term exceeding one year for the purposes of determining federal firearms eligibility under Section 922(g)(1) of Title 18 of the United States Code.
(f) Nothing in this section, or in Article 3 (commencing with Section 25900) or Article 4 (commencing with Section 26000), shall preclude prosecution under Chapter 2 (commencing with Section 29800) or Chapter 3 (commencing with Section 29900) of Division 9 of this title, Section 8100 or 8103 of the Welfare and Institutions Code, or any other law with a greater penalty than this section.
(g) Notwithstanding paragraphs (2) and (3) of subdivision (a) of Section 836, a peace officer may make an arrest without a warrant:
(1) When the person arrested has violated this section, although not in the officer’s presence.
(2) Whenever the officer has reasonable cause to believe that the person to be arrested has violated this section, whether or not this section has, in fact, been violated.
(h) A peace officer may arrest a person for a violation of paragraph (6) of subdivision (c), if the peace officer has probable cause to believe that the person is carrying a handgun in violation of this section and that person is not listed with the Department of Justice pursuant to paragraph (1) of subdivision (c) of Section 11106 as the recorded owner of that handgun.
CALCRIM No. 2530 – Carrying Loaded Firearm. Judicial Council of California Criminal Jury Instructions (2025 edition). See also: People v. Vega (1971) 18 Cal.App.3d 954; People v. Wade (2016) 63 Cal.4th 137; People v. Hall (1998) 67 Cal.App.4th 128. Senate Bill 2 (2023). - In re Zorn (1963) 59 Cal.2d 650; People v. Strider (2009) 177 Cal.App.4th 1393; People v. Knight (2004) 121 Cal.App.4th 1568.
- CALCRIM No. 2530. People v. Taylor (1984) 151 Cal.App.3d 432. As to tasers, see People v. Heffner (1977) 70 Cal.App.3d 643. California Penal Code 16250 PC.
- CALCRIM No. 2530. See also People v. Clark (1996) 45 Cal.App.4th 1147. People v. Rubalcava (2000) 23 Cal.4th 322. See also People v. Dillard (1984) 154 Cal.App.3d 261. See also People v. Harrison (1969) 1 Cal.App.3d 115.
- California Penal Code 26010 PC. See also People v. Mower (2002) 28 Cal.4th 457.
- California Penal Code 25900 PC. California Penal Code 26020 PC. California Penal Code 26000 PC. California Penal Code 26005 PC. California Penal Code 25850 PC. See also People v. Bey (Cal. App. 2025) 108 Cal. App. 5th 144 (defendant’s convictions for carrying a loaded firearm in public withstood a constitutional challenge).
- See, for example, People v. Flores (Cal. App. 2d Dist. 2021) 60 Cal.App.5th 978.
- See INA 237 (a) (2) (A). See also People v. Bedolla (Cal. App. 6th Dist. 2018) 28 Cal. App. 5th 535 (re. moral turpitude).
- California Penal Code 1203.4 PC.
- California Penal Code 29800 PC.